Welcome to the Website operated by SKY Luxury Rentals (hereafter
referred to as "SKY," "we," "us," or "our"), a Nevada corporation. SKY maintains
www.skyluxuryrentals.com (hereafter "Site"), as a service to our
Visitors (our Site and such services, collectively, our "Services"). By
using this Site, you agree to comply with and be legally bound by the
user of the Services ("Traveler"). Please review the following terms
carefully. If you do not agree to these terms, you have no right to
obtain information from or otherwise continue using this Site. Failure
subject you to severe civil and criminal penalties. We reserve the right
to modify these Terms or policies relating to the Services at any time,
effective upon posting of an updated version of these Terms on the
Site. You are responsible for regularly reviewing these Terms. By using
this Site, you agree that the posting of new or revised terms and
conditions on the Site will constitute adequate and constructive notice
to you of any and all revisions and changes. Continued use of the
Service after any such changes or after explicitly accepting the new
Terms upon logging into the site shall constitute your consent to such
More specific terms of Visitor's use of the Service are outlined to
Visitor when they sign a contract with a Vendor. More specific terms of
Vendor's use of the Service are outlined to Vendor when they sign up and
agree to use the Service.
THIS SITE IS A VENUE
SKY's role in any transaction is limited to being an intermediary between the Owner or Property Manager and the Traveler.
We do not own or manage, nor do we contract for, any vacation rental
property advertised on the Site. Instead, the Site acts as a venue to
allow owners and property managers who advertise on our Site (each, a "Vendor") to offer for rent a specific vacation rental property to potential renters (each, a "Traveler" and, collectively with a vendor, the "Users").
We may be an intermediary for a transaction between Travelers and
Vendors and provide technology that relates to a rental booking, such as
a tool to enable a traveler to enter into a transaction to rent a
specific property directly from a vendor. As a result, any part of an
actual or potential transaction between a Traveler and a Vendor,
including the quality, safety or legality of the properties advertised,
the truth or accuracy of the postings (including the content thereof or
any property or traveler review), the ability of Vendors to rent a
vacation property or the ability of Travelers to pay for vacation rental
properties are solely the responsibility of each User.
We are also not responsible for the condition of the vacation
rental properties posted on our Site or the compliance with laws, rules
or regulations that may be applicable to any vacation rental property in
Finally, while we do take certain measures with a goal to assist
Users to avoid potentially fraudulent or other illegal activity of which
we become aware, we assume no liability or obligation to take any such
measures or actions. In the event we do provide warnings or messages to
Users about any such activity, we do not warrant that such messages or
accurate or that such messages will reach any or all users they should
have reached in a timely manner or at all or that such messages or
measures will prevent any harm, result or action
Identity Verification. We make no attempt to confirm, and do not
confirm, any Vendor's purported identity. We do not endorse any Vendors
who use or register for our Services. We do not investigate any Vendor's
reputation, conduct, morality, criminal background, or verify the
information that any Vendor submits to the Site.
Release. By using the Site or Services, Visitors agree that any
legal remedy or liability that you seek to obtain for actions or
omissions of other Visitors, Travelers or Vendors will be limited to a
claim against the particular entity who caused you harm. You agree not
to attempt to impose liability on, or seek any legal remedy from SKY.
You release SKY from any and all claims, demands, damages (actual,
consequential, nominal, punitive, or otherwise), equitable relief, and
any other legal, equitable, and administrative remedy, of every kind and
nature, whether known or unknown, suspected or unsuspected, disclosed
or undisclosed, past, present, or future, arising out of or in any way
connected with your communication or interaction with Vendors or your
experience as a Visitor or Traveler in connection with the Site.
Further, you waive California Civil Code section 1542, which provides:
"a general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing
the release, which if known by him or her must have materially affected
his or her settlement with the debtor."
Site Rules and Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment.
Disputes with Visitors and Travelers. Vendor is solely
responsible for their interactions with Visitors and Travelers using the
Site and Service.
More specific terms of Vendor's use of the Service are outlined to Vendor when they sign up and agree to use the Service.
hereby incorporated by reference. You agree to abide by all terms set
in connection with any service or tool provided on the Site, you agree
to allow the Site and its affiliated websites to add your e-mail address
to our database of users. You may receive one or more promotional
e-mails from the Site. You are welcome to opt not to receive such
promotional e-mails from the Site at any time.
You Grant SKY a License. By submitting any content (including
without limitation, any photograph, words, pictures, or symbols) to our
Site, you hereby grant us a perpetual, worldwide, non-exclusive,
royalty-free license to use, reproduce, display, perform, adapt, modify,
sell, distribute, have distributed and promote such content in any
form, in all media now known or hereinafter created and for any purpose,
have sufficient rights to grant us this license.
Responsibility for User Contributed Content. We have no duty to
pre-screen content posted on the Site by Vendors, Travelers or other
Users (including, without limitation, reviews for any particular rental
property), (collectively, "user contributed content") and we are not
responsible for user-contributed content. We may also remove
user-contributed content if it is brought to our attention, such as by
notice given to us by a User or any third party that any part of these
Terms, or any other requirements governing the posting of such content,
has/have been apparently breached in respect of such content.
All property postings on the Site are submitted by the Vendor
(who may be the owner or a property manager or duly authorized property
manager or agent of the owner) and are the sole responsibility of the
Vendor, and we specifically disclaim any and all liability arising from
the alleged accuracy of the postings, property reviews, or any alleged
breaches of contract on a Vendor's part. Vendors are solely responsible
for keeping their property information up-to-date on the Site,
including, but not limited to any and all representations about any
property, its amenities, location, price, and its availability for a
specific date or range of dates. We do not represent or warrant that any
of the copy, content, property reviews, property location, suitability,
pricing or availability information published on the Site is accurate
or up-to-date even in the case where prospective Travelers have searched
for dates or types of properties. We reserve the right to disclose any
information as permitted by prevailing law to satisfy any law,
regulation or government request if we determine, in our sole
discretion, that we are required to respond to, or if it would be in our
interests to, respond to such request.
Copyright infringement. SKY does not permit, condone, or
tolerate the posting of any content on the Site that infringes any
person's copyright. Should you become aware of or suspect any copyright
infringement on this Site, please report the alleged copyright
infringement taking place on or through the Site. To make a report
please complete a written DMCA Notice of Alleged Infringement (the
"Notice") and email SKY at [email protected]
Upon receipt of a Notice, SKY will take whatever action, in its sole
discretion, it deems appropriate, including removal of the challenged
material from the Site and/or termination of the Vendor's use of the
Service in appropriate circumstances. Please note that a complainant may
be liable for damages (including costs and attorneys' fees) if he or
she knowingly makes a material misrepresentation that content is
PHOTOGRAPHS. By electronically submitting a photograph through the
Site, the Vendor represents and warrants that (a) (i) it holds all
intellectual property rights with respect to each submitted photograph,
or (ii) it has secured from the copyright holder all rights necessary
for the photograph to be used in an online advertisement, (b) that any
people in the photograph have given permission for their likeness to be
displayed in an online advertisement on the Site, (c) that the
photograph accurately and fairly represents the subject of the
photograph and has not been altered in any manner that would mislead a
viewer of that photograph, and (d) that it will indemnify and hold
harmless the Site and all employees and independent contracts working
for SKY from any cause of action arising from any misrepresentation with
respect to any and all photographs so submitted.
It is the Vendor's responsibility to obtain reproduction permission
for all photographic and other material used in its advertisements. The
Vendor warrants that it is the owner of the copyright in such material
or is authorized by the owner thereof to grant to us the rights therein
contained and agrees to provide any proof of such rights to us that we
The specific terms of payment for Travelers will be outlined in the agreement they sign with a Vendor to rent a specific rental.
Cancellation and Refunds. If a Traveler cancels a confirmed
reservation, Vendors will return funds in accordance with the
cancellation policy outlined in the rental specific agreement between
the Traveler and the Vendor.
use of any information you submit to us, including credit card
information. Please see Section 3 of these Terms for further information
on this policy.
Taxes. SKY does not do business as an owner, property manager or
operator of any rental, nor is it a provider of rooms, lodging or
accommodations. Neither does SKY own, sell, resell, furnish, provide,
rent, re-rent, manage and/or control hotel rooms, motel rooms or any
other lodgings or accommodations. SKY does not act as an agent for any
providers or users of hotel rooms, motel rooms, or other lodging or
accommodations. SKY merely makes available a marketplace for Vendors and
Travelers to arrange for accommodations. SKY is not a contracting agent
or representative of the Vendor or Traveler. Instead, SKY's role is solely to facilitate the availability of this marketplace
for the Vendor and Traveler and to provide services related thereto,
and any agreement for the use of any accommodations is solely between
the Vendor and Traveler, and not SKY. Travelers understand that SKY is
acting solely as an intermediary between Traveler and any Vendors with
whom you choose to enter into a transaction. Because state and
local tax laws vary significantly by locality, you understand and agree
that you are solely responsible for determining your own tax reporting
requirements in consultation with tax advisors. We cannot and do not
offer tax advice to either Vendors or Travelers.
Our Intellectual Property. Material on our Site (with the
exception of Third-Party Content) is protected by rights of publicity,
copyright, trademark, trade secret, and other proprietary rights and
intellectual property laws as applicable. Except as expressly authorized
by us, you may not sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from such material.
Your Use of Our Intellectual Property. You may not systematically
retrieve data or other content from our Site. You may not display any
portion of our Site in a frame (or any content from our Site through
in-line links) without our prior written consent, which may be requested
by emailing us at [email protected]
TERMINATION. We may, in our discretion and without liability to
you, with or without cause, with or without prior notice and at any
time: (a) terminate your access to our Services, (b) deactivate or
delete any of your accounts and all related information and files in
such accounts and (c) bar your access to any of such files or Services.
MODIFICATION OF SERVICES. We may, in our discretion and without
liability to you, with or without prior notice and at any time, modify
or discontinue, temporarily or permanently, any portion of our Services.
LEGAL COMPLIANCE. You shall use our Services in a
manner consistent with any and all applicable local, state, national
and international laws and regulations.
DISCLAIMER OF WARRANTIES. IF YOU USE OUR
SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SKY DOES NOT CHECK ANY TRAVELER, VENDOR, OR OTHER USER'S BACKGROUND OR
RECORD. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
LIMITS ON LIABILITY. EXCEPT AS SET FORTH IN
SECTION 15, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD
PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR
THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
INDEMNITY. You shall indemnify and hold us (and
each of our officers, directors, and employees) harmless from any
third-party claim, demand, action, damage, loss, cost or expense,
including without limitation reasonable attorneys' fees, arising out or
relating to your use of our Services or alleging facts or circumstances
that, if true, could constitute your breach of any of these Terms. We
will control any such defense and related settlement and you will
reasonably assist us therewith at your expense.
JURISDICTION AND VENUE. These Terms shall be
interpreted in accordance with the laws of the State of Nevada and the
United States of America, without regard to conflict-of-law principles.
You and we agree to submit to the personal jurisdiction of a state court
located in Washoe County, Nevada. Any action brought against SKY shall
be venued in Washoe, Nevada.
ATTORNEY'S FEES. The prevailing party in any
action brought under this agreement shall be entitled to reasonable
attorney's fees and costs.
Your continued use of this Site and registration to use our Services
is contingent upon your agreement to be bound by the foregoing Terms of